What can you do when your neighbour’s tree drops leaves in your yard or the roots are creeping ominously towards your plumbing?

If you haven’t already had a friendly chat with your neighbour try this first. In fact, the Local Court requires you show evidence you have done this. 

If you can resolve it together, great, but make sure you check with your local council and get approval first before lopping and digging as there are serious penalties if you damage or destroy a protected tree.

I suspect in former times a chat over the fence would have resolved things peacefully for everyone (except the tree). Sadly, not anymore. In fact, there’s something about these matters that turn once-friendly neighbours into bitter enemies. In recognition, the NSW parliament enacted specific laws to deal with these and similar issues:

Trees (Disputes Between Neighbours) Act 2003 (Trees Act); and the

Dividing Fences Act 1991 (Fences Act)

These Acts give the Local Court special powers to make orders regarding trees and fences without the parties involved going to the expense of relying on traditional property law concepts such as “nuisance” or “trespass”. 

Under the Trees Act:

The Court may make such orders as it thinks fit to remedy, restrain or prevent damage to property, or to prevent injury to any person, as a consequence of the tree…